Capital Accounts Hit with Class Action Alleging Multiple FDCPA Violations

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Capital Accounts, LLC has been named as the defendant in a proposed class action lawsuit alleging the company violated several provisions of the Fair Debt Collection Practices Act (FDCPA) in its attempts to collect a debt purportedly owed by a New York resident. The defendant supposedly sent the plaintiff a collection notice regarding a medical debt the woman believes originally totaled $50.00. According to the suit, the letter stated a balance of $54.02 and informed the plaintiff that the amount may change due to “interest, late charges, and other charges.” The case claims the debt was only subject to interest and argues that suggesting the possibility of added “late charges” and “other charges” was deceptive and misleading on the defendant’s part. 

Furthermore, the lawsuit claims the defendant unlawfully disclosed to a third party that the plaintiff supposedly owed a debt. The company allegedly called the plaintiff’s home telephone line and, after her mother answered and confirmed that the plaintiff was home, communicated that the caller was a debt collector attempting to collect a debt. The case argues that the defendant was only permitted to disclose that information to the plaintiff, her attorney, her creditor, her creditor’s attorney, or the defendant’s attorney, and not to any third parties without the plaintiff’s consent.